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PETITIONER: SANJAY AHLAWAT

       Vs.

RESPONDENT: M.D. UNIVERSITY & ORS.

DATE OF JUDGMENT24/11/1994

BENCH: SEN, S.C. (J) BENCH: SEN, S.C. (J) JEEVAN REDDY, B.P. (J)

CITATION:  1995 SCC  (2) 762        JT 1995 (1)    26  1994 SCALE  (4)1115

ACT:

HEADNOTE:

JUDGMENT: SEN, J.: 1.   Special leave granted. 2.    Sanjay Ahlawat, the appellant herein,  has  challenged the validity of clause 3(i) of Chapter IV of the  Prospectus for   M.D./M.S./P.G.  Diploma  Entrance  Examination,   1993 of Maharishi Dayananda University/ Rohtak, on the allegation that  the procedure for selection and admission of  students to  the  Post-Graduate  Medical  Course  is  arbitrary   and discriminatory. 3.     A written examination is held for     the purpose  of selection  of  candidates  to   the  Post-Graduate   Medical Course.  The˜    merit list of the candidates is prepared in the following manner:-               "3. Determination merit.                 (i) Weightage for Graduate of                     Medical   College,  Rohtak            10               Marks                          OR                Candidates who are residents/                    domicile of Haryana but have                     passed their MBBS for Medical                    College outside Haryana provided                     the Medical college is recognised                     by the M.C.I. and where admission                     was secured on the basis of open                competitive test                   5 Marks.                (ii) Written Examination          90 Marks" 4.     Apart from the institute at Rohtak, there is no other Medical  College in the State of Haryana. Out of  the  total number  of  94 seats available for admission  to  the  Post- Graduate  Courses,  24  Seats  are  reserved  for   students selected  on  all India basis. The remaining  70  seats  are allotted on the basis of the examination conducted for  this purpose. Maharishi Dayanand University allows 10 extra marks to  the  candidates  who have  graduated  from  the  Medical

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College   at   Rohtak.  The  medical  graduates   of   other universities are at a disadvantage because of this rule. 5.       Sanjay  Ahlawat  appeared  in  the  entrance   test conducted by the Maharishi Dayanand University for admission to M.D/M.S/P.G. Diploma/M.D.S. Course for the year 1993.  He was placed at Sr. No. 76 in the merit list. He was asked  to exercise his choice regarding the courses and 28 subjects available on the basis of his position in the merit list. He was given admission to DOMS, course on the basis of the option exercised by him at the time of interview. 6.    The appellant’s grievance is that Anupma Huda, Ashwani Kumar and Rajnish gupta, being respondents Nos, 3, 4 and  5, were  placed  in  the  merit list at  Nos.  16,  17  and  38 respectively. The appellant was given 33 marks and placed at No.  76 in the merit list. The respondent No. 3  secured  41 marks,  respondent No. 4 secured 42.75 marks and  respondent No. 5 secured 40.75 marks, after being given weightage of 10 marks. If the weightage is taken away, the marks secured  by them  would come to less than 33. The grant of 10  marks  to the locally qualified students virtually amounts to shutting the  doors of admission to Post-graduate Medical Courses  to the  students  who have qualified from  other  Universities. There  is  no  chance  of  getting  admission  to  Maharishi Dayanand Medical College in M.S/MD. Course. 7.      It  has been stated by the  Registrar  of  Maharishi Dayanand University, Rohtak, in his counter-affidavit to the Special  Leave  Petition,  that  the  admissions  are   made strictly on the basis of merit. There is a rule for granting weightage  of 10 marks to the candidates, who are  graduates of Medical College, Rohtak. The main reason for this rule is that  there is only one Medical College in the entire  State of  Haryana.  There is shortage of  doctors,  in  particular specialist  doctors  in  Haryana.  The  number  of   doctors employed  in  the government Health Services  is  1606  even though  the  sanctioned  strength is  1961.   Out  of  total strength of 588 Specialist Doctors,only 342 posts have  been filled up. Therefore, some preference has to be given to the local  graduates,  so that they may qualify  and  serve  the State.  The weightage, that is given to the products of  the local  College,  is   mainly   for   the   reasons    stated hereinabove. 8.    It has been most emphatically denied that granting  10 additional  marks  to’  the local graduates  has,  in  fact, ensured   100%  reservation  for  the  State.’  A  list   of successful  candidates who have graduated from  institutions other  than Rohtak Medical College, has been given  for  the sessions commencing in 1992, 1993 and 1994. A list has  also been  given  of  candidates, who has  graduated  from  other institutions and had qualified for admission on the basis of the  test held, but did not opt for any Pg. Course  and  did not  appear in the interview for the session  commencing  in 1994 for reasons of their own. 9.     The  validity  of clause 3(i) of Chapter  IV  of  the Prospectus for Admission to M.D./M.S./P.g. Diploma  Entrance Examination,  1993 had been challenged earlier in the  cases of  Dr. Sanjeev gaur v. M.D.University Rohtak.  (Civil  Writ Petition  No.  10818 of 1992) and also in the  case  of  Dr. Manoj  kumar  v.M.D. University Rohtak (C.W.P. No.  8503  of 1993). In both those cases, the validity of clause 3(i)  was upheld.  Manoj  Kumar had approached the  Supreme  Court  by filing S.L.P. No. (C) 14185 of 1993, which was dismissed  by a Bench comprising of the Hon’ble the Chief Justice of India and Mr. Justice S. Mohan on 26.10.93. 10.    The appellant has been unable to establish  that  the

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system  of awarding 10 extra marks to the graduates  of  the only 29 local  Medical  College for admission to  the  Post-Graduate Medical  Courses  in  the State of Haryana, is  in  any  way discriminatory  and violates Article 14 of the  Constitution of India. It has been explained on behalf of the respondents that  the  extra  marks arc awarded  to  the  local  medical graduates for the purpose of ensuring that medical  facility in the State is not impaired in any way because of dearth of doctors. It is expected that the residents of Haryana, after obtaining Medical Degrees, will remain in Haryana and  their services will be available to the people of the State.  This distinction,  in our view, cannot be regarded  as  arbitrary and discriminatory having regard to the object stated in the counter affidavit. 11.   Strong reliance was place by the appellant on the case of  Nidamarti  Mahesh  Kumar v.  State  of  Maharashtra  and others, (1986) 2 SCC 534. In that case, Rule B(2) framed  by the  State Government on December 21, 1984 for admission  of Students  to the MBBS Course was under challenge. Rule  B(2) provided:-               "Students  who  have passed  HSC  (10+2)  12th               standard examination of the Maharashtra  State               Board   of  Secondary  and  Higher   Secondary               Education   from   Schools/Colleges   situated               within the jurisdiction of one university  are               not eligible for admission to medical  college               or  colleges situated in the  jurisdiction  of               another   university.    The  seats   at   the               Government  Medical  Colleges  in  Maharashtra               State  except those earmarked for nominees  of               the Government of India and nominees of  Miraj               Medical  Center  and these mentioned  in  Rule               D(4)  below are reserved for the  students  of               the respective university area." 12.  As  a  result  of  this  rule,  Medical  Colleges  were classified region-wise and a student of a school or  college situated within the jurisdiction of a particular  university could  not  seek  admission to a  Medical  College  situated within the jurisdiction of any other university. It was held on  the basis of the Judgment of this Court in the  case  of Pradeep  Jain v. Union of India, (1984) 3 SCC 654, that  the State could depart from the principle of selection based  on merit  on  the basis of two grounds: (1) State  interest  in providing  adequate  medical service to the  people  of  the state  by  imparting medical education to  students  who  by reason  of their residence in the State would be  likely  to settle  down and serve the people of the State  as  Doctors. (2) Backwardness of a particular region. The Court held that it  was  not possible to categories the  region  within  the jurisdiction of the various universities as backward and, in any  event, no material was placed before the  Court.  which could  persuade  the Court to reach that conclusion.  As  as result of the region-wise classification, a student from one region  could not get admission to the Medical  Colleges  of another  region, though he might have done much better  than the  students  of the other region.  In that view  of  this, Rule B(2) framed by the State Government for admission  into Medical Colleges in the State, was struck down. 13.   But, in the instant case, no reservation has been made for  the  boys graduating from  Maharishi  Dayanand  Medical College  at  all. The students from other  universities  may apply for admission. This rule is that local boys graduating from  Medical  Colleges outside Haryana will be  allotted  5

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additional  marks  and the graduates  of  Medical  Colleges, Rohtak, will be allotted 10   additional   marks   in    the selection test. There is no reservation of 30 seats  college-wise or university-wise. But some  preference is  given   to candidates, based on domicile in  Haryana  or education at the only Medical College at Haryana. This  does not  have the effect of shutting the doors of  admission  to the  outstation  boys. In fact, a number of  candidates  who have  graduated  from  other  medical  colleges  have   been admitted  to  the  post  graduate  medical  course  of   the Maharishi  Dayanand  University. The appellant  himself  has been  admitted in the D.OMS. Course according to the  option exercised by him. 14.    The appeal, therefore, is dismissed. There will be no order as to costs.